Legal Opinion

Mohawk Industries Inc. v. United States (In Re Mohawk Industries, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided June 5, 1987No. 19-30217PublishedCited by 45 opinions

1Opinion of the Court

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This motion for summary judgment filed by the United States of America (the “government”) raises what is apparently a novel question concerning interaction between the doctrines of setoff and recoupment in bankruptcy. Mohawk Industries, Inc. (the “Debtor”) opposes the motion but makes no contention that there exists any genuine issue of material fact. The parties have stipulated to the facts, which may be simply stated.

The Debtor was a manufacturer of tents and other supplies, primarily for use by the armed forces. On March 31, 1983 the Debtor…

2Cases cited21 opinions

National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
In Re Monongahela Rye Liquors, Inc.Court of Appeals for the Third Circuit · 1944
In Re Yonkers Hamilton Sanitarium Inc.United States Bankruptcy Court, S.D. New York · 1982
Waldschmidt v. CBS, INC.District Court, M.D. Tennessee · 1981

16 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

Conoco, Inc. v. StylerCourt of Appeals for the Tenth Circuit · 1996
Sechuan City, Inc. v. North American Motor Inns, Inc. (In Re Sechuan City, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1989
In Re Davidson Lumber Sales, Inc., Debtor. Zions First National Bank, N.A. v. Christiansen Brothers, Inc., and Jacobsen-Robbins ConstructionCourt of Appeals for the First Circuit · 1995
Photo Mechanical Services, Inc. v. E.I. DuPont De Nemours & Co. (In Re Photo Mechanical Services, Inc.)United States Bankruptcy Court, D. Minnesota · 1995
United States ex rel. United States Postal Service v. Dewey Freight System, Inc.Court of Appeals for the Eighth Circuit · 1994

40 more not listed; retrieve them via the Exa API.